For a third time now, the Grieving Families Act has been reintroduced in the General Assembly, this time as Bill No. A09232 (“Version 3”).
Brief History of the Bill’s Evolution
Last year, on January 30, 2023, Governor Hochul vetoed the original Grieving Families Act (“Version 1”) which sought to greatly expand the scope of damages available to plaintiffs in wrongful death actions. Following Governor Hochul’s veto, she issued an op-ed and explained Version 1 was still missing a serious evaluation on the impact of the bill’s massive changes on the economy, small businesses, and the State’s complex healthcare system.
The Legislature remained steadfast, and the bill was reintroduced in its amended form (“Version 2”), however, only with minor changes , which clearly did not meet Governor Hochul’s expectations. Governor Hochul vetoed Version 2 of the bill on December 29, 2023.
The Third Amended Version of the Grieving Families Act
On February 21, 2024 the bill was reintroduced yet again.Despite very minor changes being made, Version 3 seemingly expanded the compensation for the following damages:
(i) reasonable funeral expenses of the decedent paid by the persons for whose benefit the action is brought, or for the payment of which any person for whose benefit the action is brought is responsible; (ii) reasonable expenses for medical care incident to the injury causing death, including but not limited to doctors, nursing, attendant care, treatment, hospitalization of the decedent, and medicines; (iii) grief or aguish caused by the decedent’s death; (iv) loss of love, society, protection, comfort, companionship, and consortium resulting for the decedent’s death; (b) pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the decedent’s death; and (vi) loss of nurture, guidance, counsel, advice, training, and education resulting from the decedent’s death.
The inclusion of grief or anguish to family members caused by the death, and loss of love, society, protection, comfort, companionship and consortium, could drastically increase a damages award in a wrongful death action, and exponentially increase the exposure for clients and their insurers. None of Governor Hochul’s prior concerns about how these increased damages could affect insurance premiums, hospitals and other uncertainties for consumers and businesses has apparently been addressed in this most recent version of the bill.
The inclusion of grief or anguish to family members caused by the death, and loss of love, society, protection, comfort, companionship and consortium, could drastically increase a damages award in a wrongful death action, and exponentially increase the exposure for clients and their insurers.
What specific reasons did Governor Hochul give for vetoing Version 1 and Version 2 of the Grieving Families Act, beyond the general concern for economic impact and the healthcare system?
It seems Governor Hochul’s concerns, causing her to veto both previous versions of the bill, are centered on the broader economic impact, with an emphasis on how significantly expanding the scope of damages could affect insurance premiums, small businesses, and the state’s healthcare system. It also appears that increased litigation and increased litigation costs are a concern for the Governor.
How does Version 3 of the Grieving Families Act compare to wrongful death laws in other states?
Wrongful death laws vary significantly across the United States. Some states allow for the recovery of non-economic damages similar to those proposed in Version 3 of the Grieving Families Act, including compensation for grief, sorrow, and loss of companionship. Other states restrict damages to economic losses, such as lost wages and funeral expenses. The trend in recent years has been towards allowing more recovery for non-economic damages, recognizing the significant impact of the loss of a loved one beyond just their financial contribution.
What are the potential legal challenges or oppositions to Version 3 of the Grieving Families Act?
Potential opposition to Version 3 of the Grieving Families Act could come from various sectors. Insurance companies might oppose the bill due to concerns over increased liability and the resultant rise in insurance premiums. Healthcare providers could argue that the increased damages could lead to higher malpractice insurance costs, ultimately impacting healthcare costs for consumers. Businesses, especially small businesses, might express concerns about the financial implications of higher insurance premiums and potential litigation costs. Legal challenges could focus on the constitutionality of the Act, specifically whether it imposes undue burdens on specific sectors or whether it infringes upon existing legal precedents. Opposition groups might lobby legislators or engage in public campaigns to sway public opinion and influence the legislative process.
What to Do Next?
Costello, Cooney & Fearon, PLLC, will continue actively monitoring the progress for Version 3. As the situation unfolds, our expertise can be a valuable resource for understanding the impact of this Act on the State of New York.
